## Timothy G. Lamkin

- CT Consulting

, LLC

. – 333 Petition

March 5, 2016 P a g e | 1 of 11 

### Erick F. Larsen

Consultant to Timothy G. Lamkin CT Consulting, LLC
262 W. Linden Ave. # C Burbank, LA, Ca 91502
818

- 732

- 0330 ErickLarsen@Outlook.com

March 5, 2016

- Via electron ic filing

- U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Request (Petition) for Exemption from Certain Regulations per Section 333 of the FAA Reform
Act and Part 11 of the Federal Aviati on Regulations

Dear Madam or Sir :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, professional photographer

, project manager, and entrepreneur

, Timothy

G. Lamkin d/b/a CT Consulting, LLC ( L amkin

, Petitioner, or Operator) hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow business use (commercial operation) of his fleet of Unoccupied (unmanned) Aerial Systems (UAS), so long as such operations
are cond ucted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

I. INTRODUCTION

Petitioner, Timothy G. Lamkin

, is a United States citizen with a US Passport and a New Mexico
Driver’s License

. CT Consult ing, LLC is a New Mexico chartered corporation. Petitioner performs expert professional photography, videography, and business consulting services worldwide, with the following contact information:

Timothy G. Lamkin Owner/Pres/CEO CT Consulting, LLC

13208 Indian School Road N.E. Albuquerque, NM 87112

- 4840 Email: lamkint@comcast.net

Tel: ( 505) 250

- 4900

## Timothy G. Lamkin

- CT Consulting

, LLC

. – 333 Petition

March 5, 2016 P a g e | 2 of 11 Petitioner has developed diverse clients in n eed of safe and lawful commercial UAS aerial data collection (ADC) and UAS training services . Growth of P etitioner’s UAS business services will provide new jobs and an increased level of safety to ma ny who are currently in need. Current FA A UAS policy prev ents P etitioner from providing civil UAS commercial services in the absence of the requested exemption.

A. Commercial UAS Operations to Be Conducted:

Petitioner seeks to operate his fleet of UAS to conduct UAS training

, and aerial data coll ection (ADC) w hich includes any remote sensing and measuring by an instrument(s) aboard the unoccupied (unmanned) aircraft (UA). Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical meas urement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA.

In particular Petitioner seeks authorization to conduct commercial UAS training and remote ADC, mapping, surveying, photography, filming, videography, de monstrations

, sampling, measuring, and inspections of (or for):

1.) Construction, architectural, engineering, website development, insurance, risk management, security, real estate, resort, golf, cemetery, entertainment, weddings,
sports, utility, energy (oil , gas, solar, nuclear, coal, wind, & electric), hydro (water , dams,
locks ), transportation (port, rail, truck, auto, & bus), mining, bridge, telecommunications, agriculture (farming, ranching, & growing) flare s tack, platform, tower, pole, pipeline and all other infrastructure, structures, sites, systems, features and operations; and,

2.) Recreational, commercial, non

- profit, public, governmental, municipal, public safety, fire, Emergency Management Agencies (EMA) and entities; and,

3.) Environmental, scientific, archaeology, conservation, climate change, natural

resource, wildlife, oceanographic, forestry, weather, search & rescue, emergency services, humanitarian relief, public & private entity support, assistance and monitoring
of infrastructure, structures, si tes, systems, features, and operations; and,

4.) Research, education, training, development, testing, certification, and validation of safe
and lawful civil, commercial, public, experimental, hobby, entertainment, and recreational UAS curriculum, education, a nd safe flight training, demonstrations, and events involving UAS design, manufacture, assembly, purchase, sale, maintenance, repair, inspection, safe operation, record keeping, and required FAA documentation.

Hereinafter, 1 through 4 , above, as well as U AS training are refer red to as P etitioner’ s “ proposed operations ” or “ operations".

## Timothy G. Lamkin

- CT Consulting

, LLC

. – 333 Petition

March 5, 2016 P a g e | 3 of 11 Concerning the petitioner ’s request for au thority to conduct UAS training

, the FAA has stated that,

at this time, the FAA is unable to authorize UAS operations for training until a fu rther assessment is completed. Therefore, the petitioner requests that w hen t he FAA completes its review, that the

FAA proceed accordingly and no further action will be required by the petitioner. However, in the interim, the petitioner requests that he be permitted to train his own pilot in commands, visual
observers , and other UAS crew

.

B. Petitioner’s Commercial UAS Aircraft Fleet and Operating D ocuments :

Petitioner references as his operating documents , t his petition, his list of UAS a ircraft f leet (below)
and the manufacturer’s model specific aircraft documentation, including Flight Operations
Manual (s)

, for each UAS in his aircraft fleet which set forth safety considerations, training, general and specific operating procedures, specifications, inspection, maintenance, setup of the UAS, and all other required and recommended procedures for the proposed operations.

Petitioner requests an exemption to operate the following UAS aircraft:

3D Robotics Iris https://store.3dr.com/products/iris

3D Robotics Solo https://3dr.com/solo

- drone/

3D Robotics X8

- M https://webcache.googleusercontent.com/search ? q=cache:59a5llTcZ7gJ:https://store.3dr.com/products/x8

- m+&cd=2&hl=en&ct=clnk&gl=u s

DJI Inspire 1 http://www.dji.com/product/inspire

- 1/download

DJI Inspire 1 Pro X5, X5 Black, X5R (raw), and XT (thermal) http://store.dji.com/pr oduct/inspire

- 1

- pro#/spec

DJI Matrice 100 http://www.dji.com/product/matrice100

DJI Phantom 1 http://www.dji.com/product/phantom/download

DJI Phantom 2 Vision, Vision+ http://www.dji.com/product/phantom

- 2/download?www=v1

DJI Phantom 3 Professional, Advanced, Standard, and 4k http://www.dji.com/product/phantom

3/download

DJI Phantom 4 http://www.dji.com/product/phantom

- 4/download

DJI Spreading Wings S90 0 

### * http://www.dji.com/product/spreading

- wings

- s900

DJI Spreading Wings S1000, and S1000+ 

### * http://www.dji.com/product/spreading

- wings

- s1000

- plus

Droidworx SkyJib 8 

### * http://www.aerialtechnology.com/shop/skyjib

- 8

- ti

- qr

- droidworx

- aeronavics/

## Timothy G. Lamkin

- CT Consulting

, LLC

. – 333 Petition

March 5, 2016 P a g e | 4 of 11 Droidworx SkyJib 8/ X4 

### * http://www.aerialtechnology.com/shop/a eronavics

- skyjib

- x4

- ti

- qr/

Freefly Systems Alt a 

### * http://freeflysystems.com/alta

Lily Robotics, Inc. Lily https://www.lily.camera/

XCraft PhoneD rone Ethos http://xcraft.io/phone

- drone/ and http://store.xcraft.io/xplusone

- store

- xcraft

- vtol

- drone

sandpoint

- id/phonedrone

XCraft X PlusO ne http://xcraft.io/x

- plusone

- drone/

Yuneec Typhoon G, Q500, and Q500 4k https://www.yuneec.com/Typhoon

- Specifications

- Typhoon

- 4K

Yuneec Tornado CGO4, and H920 https://www.yuneec.com/Specifications

- Tornado

- H920



### * Using Futuba 14SG RC transmitter ground station http://www.futabarc.com/systems/futk9410

- 14sg/

Each UAS in P etit ioner’s aircraft fleet ( above ) or similar has previously been granted 333 exemptions by the FAA

. Commercial operations of any other type of airc raft require a new or
amended 333 petition. Each of P etitioner’s UAS will be duly registered with the FAA which will

ass ign registration , “N” numbers

, before operations are commenced

.

C. Specific Regulations for which an exemption is sought:

14 CFR 61.113 (a) 14 CFR 91.7 (a) 14 CFR 91.119 (b) & (c)

14 CPR 91. 121 14 CFR 91.151 (a) 14 CFR 91.405 (a) 14 CFR 407 ( a) (1) 14 CPR 409 (a) (1) & (2) 14 CFR 417 (a) & (b)

II. PETITIONER’S PROPOSED OPERATIONS DO NOT CREATE SIGNIFICANT HAZARDS

Each UAS utilized by Petitioner is an electric multi

- rotor craft, weighing less than 55 lbs. including ADC payload and has been p reviously approved by the FAA for commercial operations

. Each operates at a speed of no more than 100 mph (87 knots) and has the capability to hover, and/or

move in a vertical and hori zontal plane simultaneously. Each will only be operated as visual line o f sight (VLOS), remain under 400 ft. above ground level (AGL), and will operate only over private or controlled access property with permission from the owner/controller of the property or authorized representative.

During P etitioner’s proposed operations the site will be secured and non

- participants will be kept at least 500 feet away from the operation unless barriers or structures are present that sufficiently
protect non

- participants in the event of an accident or loss of control.

## Timothy G. Lamkin

- CT Consulting

, LLC

. – 333 Petition

March 5, 2016 P a g e | 5 of 11 III. PETITIONER'S PROPOSE D OPERATIONS ARE IN THE PUBLIC INTEREST

The FAA has issued a Grant of Exemption s to FalconSkyCam

, Exemption No. 11195

, Docket No FAA

2014

- 0884 (March 6, 2015) and to Measure, a 32 Advisors Company, LLC

, Exemption No. 12646

, Docket No. FAA

– 2015

– 1602 ( Augus t 28, 2015 ), for operations that are substantially similar to those proposed herein. In issuing the Grant to FalconSkyCam , the FAA noted that "[t]he enhanced safety and reduced environmental impact achieved using a UAS with the s pecifications described by the

P etitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest."

IV. EQUIVALENT LEVEL OF SAFETY

Petitioner proposes that his fleet of UAS

, with the characteristics and as operated with the limitations listed below, provide for at least an equivalent or even higher level of safety to operations under the current regulatory framework.

These limitations and conditions to which Petitioner agrees to be bound when conducting commercial operations under an FAA issued exemption include:

1.) Each UAS utilized by Petitioner will weigh Less than 55 lbs, operate at a s peed of no more than 100 mph (87 knots), and will remain under 400 ft. (AGL). 2.) Flights will be operated only during daylight hours, only in visual meteorological conditions, and only within visual line of sight (VLOS) of the pilot in command (PIC) of the UA S. 3.) All operations will utilize a visual observer (VO) in addition to the pilot in command (PIC). 4.) Maximum total flight time for each operational flight will be less than 45 minutes, or when the Low Battery warning activates.

V. EXEMPTIONS REQUESTED

14 C.F. R. § 61.113 (a) and (b): Private, Recreational, or Sport vs. Commercial Pilot Certificates

Sections 61.113 (a) and (b) prohibit private , recreational, or sport certified pilots from operating a traditional aircraft for compensation or hire. Petitioner pr oposes that his PIC will have at least a private , recreational, or sport pilot’s certificate, and a current FAA medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or
the Federal government. Petitioner’s PIC will also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

Petitioner will not permit any PIC to operate unless the PIC demonst rates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under P etitioner’s exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structure s. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). Dedicated UAS f lights fo r the purposes of

## Timothy G. Lamkin

- CT Consulting

, LLC

. – 333 Petition

March 5, 2016 P a g e | 6 of 11 training the P etitioner’s PICs and VOs (training, proficiency, and experience

- building) and for
determini ng the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS
will be operated under P etitioner’s exemption

, are requested by P etitioner to be allowed under the terms of this exemption.

PIC and VO training operations will only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations will be considered nonparticipants, and the PIC will operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

Based upon the above and for the reasons set forth in the FAA's grant of an exemption to Astraeus Aerial, Petitioner does not believe a commercial pilot c ertificate is necessary for his proposed operati on s . See, e.g., In the matter of the petition of Astraeus Aerial, Exemption No. 11062 (issued Sept. 25, 2014). For those reasons, Petitioner requests an exemption from 14 C.F.R. § 61.113 (a) and (b).

14 C.F.R. § 91.7 (a): Civil Aircraft Airworthiness

Sec tion 91.7 prohibits operation of an unairworthy aircraft, and places responsibility for
airworthiness determina tions on the PIC. Petitioner’s UAS will not have an airworthiness certificate, and there is no FAA regulatory standard for determining airworthin ess of the UAS. Additionally, Petitioner's operating documents, includi ng FOM, set forth inspection and maintenance procedures to ensure airworthiness. For these reasons, and in accordance with the FAA's grant of an exemption from section 91.7 to Total Saf ety U.S., Inc., Petitioner requests an exemption from 14 CFR. § 91.7(a). See, e.g., In the matter of the petition of Total Safety U.S., Inc., Exemption No. 11156 (issued Jan. 29, 2015).

14 C.F.R. §91.119 (b) and (c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (b) prohibits aircraft in congested areas from flying less than 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. To the extent that P etitioner’s proposed operations would be considered to be in "congested areas," Petitioner's operating documents and procedures, and the size, weight and speed of each UAS in the P etitioner’s fleet of UAS, provide an equivalent level of safety such that th e proposed operations at lower safe altitudes should be allowed.

Petitioner will establish a 500' buffer/sterile area for his operations that will exclude personnel not associated with the operations. Petitioner will also exercise additional control over the sterile area

as needed . Consequently, Petitioner believes these procedures will reduce or eliminate any potential adverse impacts to safety for o perations in congested areas. Petitioner therefore requests an exemption from 14 CFR § 91.119(b).

Section 91.119 (c) prohibits operations in other than congested areas below 500 feet above the surface, or closer than 500 feet to any person, vessel, vehicle or structure. Since this exemption is

## Timothy G. Lamkin

- CT Consulting

, LLC

. – 333 Petition

March 5, 2016 P a g e | 7 of 11 for UAS that fly similarly to a helicopter and requests authority t o operate at altitudes up to 400 ft. AGL, an exemption may be needed to allow such proposed operations.

The equivalent level of safety will be achieved given the size, weight, speed of each of P etitioner’s

UAS as well as the location where they will be op erated. As discussed above, P etitioner will
establish a sterile area, including safety buffers of 500 feet for personnel not associated with the operation s

. Petitioner there fore requests an exemption from Section 91.119(c) for all necessary and authorized personnel associated with the proposed operations.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain a cruising altitude by reference to an altimeter that is set "... to the elevation of the depar ture airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a constant GPS altitude read out, an exemption is requested.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in V FR Conditions

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assumi ng normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes."

Maximum total flight time for each of the proposed operations will be no more than approximately

45 minu tes. Flights will be safely landed when the battery falls below its nominal voltage, should that occur prior to completion of the operation. Each of P etitioner’s UAS has a constant battery voltage display and a Low Voltage LED Warning which alerts when the battery reaches pre

determined levels. This battery level would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area when the Low Voltage Warning
alerts.

For these reasons, Petitioner requests an exemption from 14 C.F.R. § 91.151 (a). Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and

10808.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417(a) & (b): Maintenance Inspections

These regul ations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescr ibed in part 43 of this chapter ...," and others shall inspect or maintain the aircraft in compliance with Part 43.

## Timothy G. Lamkin

- CT Consulting

, LLC

. – 333 Petition

March 5, 2016 P a g e | 8 of 11 As provi ded in P etitioner’s operating documents, the operator and the PIC will ensure that the UAS

is in safe working order prior to initiat ing each flight, and the operator will perform required maintenance and inspections, and keep a log of any maintenance performed.

VI. REGULATIONS FOR WHICH EXEMPTIONS ARE UNNECESSARY

The Federal Aviation Administration (FAA) has issued numerous prior exempti ons for many different types of UAS and UAS operations. In those exemptions, the agency noted that exemptions from certain regulations were not necessary, due to "the size, weight, speed and limited operating area associated with [the UAS] and its operatio n."

Based upon the FAA's guidance and the fact that each of P etitioner’s UAS is even smaller and slower than many of those UAS in previously issued exemptions, Petitioner believes exemptions from the following regulations are not necessary:

14 C.F.R. Par t 21, Subpart H: Airworthiness Certificates. 14 C.F.R. § 45.23 (b): Marking of the Aircraft. 14 C.F.R. §91.7(b): Civil aircraft airworthiness. 14 C.F.R. §91.109: Flight instruction.

Petitioner also believes that an exemption from 14 C.F.R. § 91.103: Pre flight Action is not necessary. This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. An FAA approved rotorcraft flight manual will not be provided for the aircraft. An equivalent level of safe ty will be provided as set forth in this petition and in P etitioner’s operating documents duly referenced as part of this request.

The FAA has previously found that adherence to procedures contained in an applicant's operating documents demonstrate compli ance with § 91.103, and therefore an exemption from the regulation was not necessary. See, e.g., In the matter of the petition of Total Safety U.S., Inc., Exemption No. 11156 (issued Jan. 29, 2015).

P etitioner's PIC will take all actions including reviewi ng weather, flight battery requirements, landing and takeoff clearance distances and aircraft performance data before initiation of flight to ensure the safety of the flight. Consequently, in light of this agency's prior finding in Tot al Safety U.S., Inc.

, Petitioner does not believe an exemption from 14 C.F.R. § 91.103 is necessary.
If it is determined that the P etitioner does require exemptions from any of t h e provisions from which petitioner has herein stated that he believes no exemption is required: Petitioner requests that such exemptions be granted upon the basis of all that petitioner has stated in this petition and

in his operating documents.

G ood cause exists for not publishing a summary of this petition in the Federal Register because the

reque sted exemption would not set a precedent, and any delay in acting on this petiti on would be
detrimental to the P etitioner. Accordingly, P etitioner respectfully requests that the FAA grant the requested exemption summarily and without delay.

## Timothy G. Lamkin

- CT Consulting

, LLC

. – 333 Petition

March 5, 2016 P a g e | 9 of 11 Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be deter mined that publication is necessary :

Petitioner seeks an exemption from the following rules: 14 C.F.R. § 61.113 (a) and (b); 91.7 (a); 91.119 (b) and (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to conduct UAS training, and aerial data collection (ADC) which includes any remote sensing and measuring by an instrument(s) aboard the Unoccupied (Unmanne d) Aircraft (UA).

Privacy All of the proposed operations, UAS flights, will occur only over private or controlled access property with permission from the owner/controller of the property or authorized representative. Petitioner’s proposed operations wil l be conducted in accordance with all applicable laws and regulations governing privacy at the venue of the flight operation.

VII

. CONCLUSION

Petitioner has requested to use his fleet of UAS for UAS training, and aerial data collection (ADC)

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in this petition. In Grants of Exemption Nos. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA−2014−0507), 11 112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), 11213 to Aeryon Labs, Inc. ( see Docket No. FAA−2014−0642), and 12645 to Allied Drones ( see Docket No. FAA

- 2014

- 0804), the FAA found that the enhanced safety achieved using an UA with the s pecification s described by the P etitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemp tion is in the public interest.

Upon review of P etitioner ’s reasons for reque sting this exemption, It should be determined that:

1.) Petitioner’s requests

, in all material respects , are th e same as the relief previously reque sted in Grant of Exemption Nos. 1 1112, 11213, 12645 , 14381, and 14578 ; 2.) The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, 11213,

12645 , 14381, and 14578 also apply to the situati on P etitioner present s ; and 3.) A grant of exemption to P etitioner is in the public int erest.

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, P etitioner should be granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 9 1.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to t he extent necessary to allow P etitioner’s proposed operations.

Satisfaction of all of the criteria provided in Section 333 of the Reform Act of 2012

- size, weight, speed, operating capabilities, proximity to airports and populated area s and daylight UAS

## Timothy G. Lamkin

- CT Consulting

, LLC

. – 333 Petition

March 5, 2016 P a g e | 10 of 11 operations within visual line of sight (VLOS) and national security

- provide more than adequate justification t o grant the requested exemption allowing the pro posed operations in th e NAS by

P etitioner

, Timothy G. Lamkin d/b/a CT Consulting, LLC

.

Respectfully,

/Signed/ 

### Erick F. Larsen

Consultant to Timothy G. Lamkin CT Consulting, LLC

262 W. Linden Ave. # C Burbank, LA, Ca 91502
818

- 732

- 0330 ErickLarsen@Outlook.com

~ ~ ~ Please S ee N ext P age ~ ~ ~

## Timothy G. Lamkin

- CT Consulting

, LLC

. – 333 Petition

March 5, 2016 P a g e | 11 of 11 

## Petitioner’s Commercial UAS Aircraft Fleet

Petitioner requests an exemption to operate the following UAS aircraft:

3D Robotics Iris

3D Robotics Solo

3D Robotics X8

- M

DJI Inspire 1

DJI Inspire 1 Pro X5, X5 Black, X5R (raw), and XT (thermal)

DJI Matrice 100

DJI Phantom 1

DJI Phantom 2 Vision, Vision+

DJI Phantom 3 Professional, Advanced, Standard, and 4k

DJI Phantom 4

DJI Spreading Wings S90 0

DJI Spreading Wings S1000, and S1000+

Droidworx SkyJib 8 and 8/ X4

Freefly Systems Alt a

Lily Robotics, Inc. Lily

XCraft PhoneD rone Ethos

XCraft X PlusO ne

Yuneec Typhoon G, Q500, and Q500 4k

Yuneec Tornado CGO4, and H920